Professional Documents
Culture Documents
Remedios Nuguid Vs Felix Nuguid
Remedios Nuguid Vs Felix Nuguid
Doctrine : Preterition
FACTS:
ISSUE:
Ruling:
Yes, Under Article 854 of the Civil Code, in part, provides: The preterition or
omission of one, some, or all of the compulsory heirs in the direct line, whether living
at the time of the execution of the will or born after the death of the testator, shall
annul the institution of heir; but the devises and legacies shall be valid insofar as they
are not inofficious.
Preterition consists in the omission in the testator's will of the forced heirs or
anyone of them, either because they are not mentioned therein, or, though mentioned,
are neither instituted as heirs nor are expressly disinherited. In the case at bar,
Rosario left no descendants but left forced heirs in the direct ascending line, her
parents. It must be noted that the subject will completely omits both the mother and
the father, thus, they were deprived of their legitime.
This is a clear case of preterition which rendered the will a complete nullity
considering that no specific legacies or bequests were provided for in the will, Rosario
died intestate. This is not a case of effective disinheritance as claimed by Remedios.